Judicial Independence Prerequisite To Rule Of Law; Advocates Throwing Mud On Judges Attacking Institution And Themselves: Madras HC [Read Order]

"Judicial independence is defined as a pre-requisite to the rule of law and a fundamental guarantee of fair proceedings", observed Justice B. Pugalendhi on Thursday. Setting aside the acquittal of the management of certain granite firms (in connection with their accusation for illegal quarrying of granite in Madurai worth crores of rupees) and remanding the matter for fresh trial, the Single Bench remarked that a Judge shall exercise the judicial function independently on the basis of the Judge's assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason. Not only were repeated requests for recusal of the Single Judge advanced on behalf of the respondents-accused in the instant case, but even after the matter was reserved for judgment, a complaint came to be filed before the Registrar (Judicial) reiterating that the Judge had appeared against their firms in more than 200 occasions in the court and continued to appear in those cases till his elevation to the bench in the High Court of Madras. Moreover, the complaint alleged that the Judge in a public forum (Keren Public School, Madurai dated 08.02.2020) made shocking comments about Madurai granite quarrying operators, that in the said address, the Judge stated that his elevation to Judgeship was delayed by a period of 5 years due to granite lobby. "Lord Krishna in Bhagavad Gita has reminded the importance of duty to Arjuna as "Do Your Duty, Don't Fret Over the Result". These words are not for Arjuna alone, but for the entire mankind. Almost all the religions emphasise the duty of individuals", the bench urged. Justice Pugalendhi proceeded to observe that in discharging our duties, we face several difficulties, but unmindful to the same, we must do our duty with due diligence. "This is what I intended to convey in the speech made before the students. I just reminded the gathering about the duties of the Students, Teachers and Parents and requested them to realise their duty and to discharge their duty with their utmost ability and sincerity and only then, we can expect a better society", he commented, adding that his motivational speech given to the students has been doctored, by editing in such a way and projected as if this Court is against the respondents / accused, He expressed regret that Nowadays, if anybody reminds of the duty, they are viewed differently- "As an individual person, everybody expects their servants to be loyal and sincere to them, but, at the same time, if the Government servant does his duty sincerely and diligently, it is viewed in a different manner, as a sin. This is how our values have evolved" "I have not referred anything about these respondents / accused in that speech made in the school function and the speech has been edited in such a way and circulated to pressurize this Court to get away from these cases", he said. Justice Pugalendhi continued to reflect that as a Judge, they are expected to be aloof from the society. But at times, on the request of some respectable persons, they accept certain invitations and "similarly I accepted and participated in that school annual day programme". "In fact, initially I refused to accept the meeting, but, since the request was made from a respectable member from the BAR, I accepted to give a speech in the meeting and gave a motivational speech to the students of the school", explains Justice Pugalendhi in the judgment. Justice Pugalendhi further stated that at the said function, the Principal while referring to his works in the introduction speech mentioned certain wrong particulars on the cases conducted by him and for correcting the same, he referred to the number of granite cases he had appeared before the Madurai Bench of the Madras High Court in. "As a Special Government Pleader and as an Additional Advocate General, I appeared in a number of Writ Petitions on granite issues before the Madurai Bench as well as before the Principal Seat at Madras. The Madurai District Administration has not only initiated action as against the firms of the respondents / accused, but against almost all lessees...To my remembrance, I did not appear in the criminal complaints filed by the District Collector (one of the petitioners before the High Court and the original complainant) before the learned Magistrate and on these appeals pending before this Court. I proceeded with this case only after ascertaining from the order sheet and after verifying with the respective Counsel to these cases that I never appeared in the present proceedings pending before this Court", the bench asserted. He continued to proclaim that as a Special Government Pleader and as an Additional Advocate General, he has not only dealt with the cases on granite issues, but also dealt with the cases arising out of Garnet...

Judicial Independence Prerequisite To Rule Of Law; Advocates Throwing Mud On Judges Attacking Institution And Themselves: Madras HC [Read Order]

Mehal Jain

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